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<br />orovisions of this paragraph shall not aoo~y to a guide doc:r <br />.. accomoanYiI?-c:r. a, blind oerson or to a doc:r when used in pol~c.e or <br />rescue actlvltles. <br /> <br />SECTION 5-34. OWNER TO PREVENT NUISANCES - The owner or <br />custodian of any dog shall prevent the dog from committing in the <br />city any act which constitutes a nuisance. It is a nuisance for <br />any dog to habitually or frequently bark or cry at night, to <br />frequent school grounds, parks or public beaches, to chase <br />vehicles, to molest or annoy any person away from the property of <br />his owner or custodian, or to damage, defile or destroy public or <br />private property. Failure of the owner or custodian of a dog to <br />prevent the dog from committing such a nuisance is a violation of <br />this chapter [or "this Code" or "this division"] . <br /> <br />SECTION 5-35. HABITUAL HOWLING AND BARKING DOGS UNLAWFUL: <br />EXCEPTION; COHPtAIN; NOTICE; WA..""~"",""Yrr. It ohall <br />be unlmJful for ;1ny peroon to mm, leeep, hayc in hie posscssion, or <br />harbor ,:my dog '.ihich, by frequent and habitual hmJling, yclpiHg, <br />barking or othen;ioe ohall C;1uoe oeriouo annoyance or dioturbance <br />to persono or to the neighborhood, provided that the pro~ioiono of <br />thia ocction .ohall not apply to duly authorized hoopitalo or <br />elinico conducted for the treatment of small animals. No peroon <br />ohall be convicted under the pro~Jioiono of thia section e](cept upen , <br />e..vidence of t..JO (2) or more adult peroono, each of a-differCfit.r.~"_,. <br />houoehold, ;1nd no ....;1rrant oha.ll be i"doued e](cept after fi.."'e (5) <br />. daya' ....ritten notice h;1o been mailed or delivered to the occupant -_ <br />of the premioeo ....herc ouch dog io leept or harbored, ad".vioiag that <br />a compl;1int h;1o been m;1de about the dog and call in! attention to <br />the pro7ioiono of thid oection, ;1nd provided the complaint baD not <br />been r...ithdr;1r.m by either p;1rty. (Ord. No. 198, 12, (; 27 77) <br /> <br />No oerson shall keep, harbor or maintain at any olace within the <br />City any animal which by its barkinq, howlinc:r, whininc:r, or other <br />noises, unreasonably disturbs the peace and auiet of any person in <br />the vicinity. z <br /> <br />The phrase "unreasonably disturb the 'Peace and quiet" shall <br />include. but is not limited to, the creation of any noise by any <br />animals which can be heard by any person, includinc:r a law <br />enforcement officer or animal control officer , from a location <br />outside of the buildinc:r or premises where the animal is being kePt <br />and which animal noise occurs repeatedly over a five minute period <br />of time with one minute or less lapse of time between each animal <br />noise durinq the five minute period. <br /> <br />SECTION 5-36. DISEASED OR VICIOUS DOGS. No person shall keep <br />or suffer to be kept on premises occupied by him or permit or <br />suffer to run at large, any diseased dog or any dog of a ferocious <br />or vicious character, habit or disposition. (Ord. No. 198, 11, 6- <br />27-77) <br /> <br /> <br />. <br />